(A) Criteria for granting variances.
(1) A variance to the provisions of this chapter may be issued to provide relief to the land owner in those zones where this chapter imposes undue hardship or practical difficulties to the property owner in the use of the land. No use variances may be issued.
(2) A variance may be granted only in the event that the following circumstances exist:
(a) Exceptional, or extraordinary, circumstances apply to the property that do not apply generally to other properties in the same zone, or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of property have had no control;
(b) The literal interpretation of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter;
(c) The special conditions, or circumstances, do not result from the actions of the applicant;
(d) The variance requested will not confer on the applicant any special privilege that is denied by this chapter to owners of other lands, structures, or buildings in the same district;
(e) The variance requested is the minimum change needed to alleviate the hardship;
(f) The variance would not be materially detrimental to the purposes of this chapter, or to property in the same zone; and
(g) A proposed home, or building, improvement may be allowed without a variance; provided, it meets the following additional criteria:
1. It does not intrude on any setback to a degree greater than the building line of the existing principal structure; and
2. It is not located within a floodplain area.
(B) Required exhibits for variances.
(1) A preliminary building and site development plan will be required. The Council may also require a boundary survey of the property.
(2) Evidence of ownership or enforceable option on the property will also be required.
(C) Procedure. The procedures for obtaining a variance from the regulations of this chapter are as follows:
(1) The property owner, or his or her agent, shall meet with the Zoning Administrator to explain the situation, learn the procedures, and obtain an application form;
(2) The applicant shall file the completed application form, together with the required exhibits, with the Zoning Administrator, and shall pay a filing fee as established by the Council. If the application, and submittals, are complete, this date shall be the official submission date. If the application, or submittals, are not complete, the Zoning Administrator will notify the applicant of the deficiencies within ten days;
(3) The Zoning Administrator shall transmit the application to the Planning and Zoning Commission for review, and shall notify all property owners within 350 feet of the outer boundaries of the property in question. However, failure of any property owner to receive the notification shall not invalidate the proceedings;
(4) The Zoning Administrator shall set the date for a public hearing, and shall have notice of the hearing published at least once in the legal newspaper, not less than ten days, nor more than 30 days, prior to the hearing;
(5) The Planning and Zoning Commission shall hold a public hearing on the proposed variance, and shall provide a recommendation to the Board of Adjustment within 30 to 40 days of the official submission date. The recommendation shall be one of three actions: approval; denial; or approval with special conditions;
(6) The Board of Adjustment shall take appropriate action on the variance request within 20 to 30 days of receiving the recommendations by the Planning and Zoning Commission, or, ultimately, within 60 days of the official submission date. If it approves the variance, the Board of Adjustment may impose conditions (including time limits) it considers necessary to protect the public health, safety, and welfare, and the conditions may include a time limit for the use to exist or operate;
(7) If an applicant requests that a special meeting be scheduled, the applicant shall bear the full cost for the special meeting. The fee for special meetings shall be set by the Council; and
(8) No application by a property owner for a variance shall be submitted to the city within a six-month period following a denial of such a request, except the Board may permit a new application, if in the opinion of the Board, new evidence of change, or circumstances, warrants it.
(Prior Code, § 11.80) (Ord. 165, second series, passed 7-5-2000)